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State Court Docket Watch: Corman v. Acting Secretary of the Pennsylvania Department of Health

By: Margaret A. Little February 22, 2022
In the News
On December 10, 2021, the Pennsylvania Supreme Court unanimously affirmed,[1] on expedited direct appeal, a state trial court opinion[2] nullifying the state Department of Health’s mask mandate for all public schools. The Supreme Court agreed with the en banc trial court’s ruling that the state Department of Health lacked authority to require masks in the…
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Natural Immunity Denialism Responsible for Needless COVID-19 Discrimination, Job Losses

By: Philip Hamburger February 17, 2022
In the News
In a superb opinion piece in The Hill on Feb. 3, Drs. Jeffrey Klausner and Noah Kojima lauded the Centers for Disease Control and Prevention for finally recognizing that naturally acquired immunity to COVID-19 is superior to that induced through vaccination. That was the undeniable conclusion of a study conducted in California and New York. …
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Everyone Entering Marco Island Be Warned: City Is Keeping Tabs on You

February 11, 2022
Sheng Li
Photo: Plaintiffs in Schemel v. Marco Island: Stephen Overman, Michael Tschida, and Shannon Schemel. NCLA filed a lawsuit against the City of San Marco, Florida, on February 7, 2022, challenging the use of Automatic License Plate Readers (ALPRs) to track all drivers within city limits. This marks NCLA’s second lawsuit against a Florida municipality’s use of ALPR…
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Intolerant Lawyers Shouldn’t Be Judges

By: Philip Hamburger February 9, 2022
In the News
What should be done about law-school deans and others in legal institutions who censor, cancel, blacklist, refuse to hire, fire, “investigate” and otherwise threaten others for their opinions? A partial answer lies in reminding them that their misconduct may disqualify them from ever sitting on the bench. At one point or another, most lawyers dream…
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Madness and Recovery: Dr. Skoly in Court

February 4, 2022
Brian Rosner
Photo: Plaintiff Dr. Stephen Skoly “[People] it has been well said, think in herds; it will be seen that they go mad in herds, while they only recover their senses slowly, one by one.” ― Charles MacKay, Extraordinary Popular Delusions and the Madness of Crowds (1841) Proving the truth about going “mad,” Rhode Island, in response to…
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Acquitted Conduct and Sentencing Enhancements: Is a Change in Supreme Court Precedent Near?

By: Kara Rollins January 27, 2022
Kara Rollins
  It seems logical that a person acquitted of a crime cannot, and should not, serve time for that crime, but on the federal level, and in many states, that is not always the case. In criminal cases, an acquittal means that the government has failed to prove an essential element of its case “beyond…
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Joe Martyak
Vice President of Communications and Marketing
Trevor Schakohl
Media Manager